Taylor v. Matteson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jackson County. This is an appeal from a judgment against the defendant upon the agreement set out in the case of Taylor v. Goon, 79 Wis. 78, 79, in which case the complaint was held “ fatally defective, in that it did not aver that the plaintiff had paid the obligations upon which he was indorser, or had suffered any loss or damage by reason of his indorse-ments.” 79 Wis. 86. A former action had also been brought by the plaintiff against…
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APPEAL from the Circuit Court for Jackson County. This is an appeal from a judgment against the defendant upon the agreement set out in the case of Taylor v. Goon, 79 Wis. 78, 79, in which case the complaint was held “ fatally defective, in that it did not aver that the plaintiff had paid the obligations upon which he was indorser, or had suffered any loss or damage by reason of his indorse-ments.” 79 Wis. 86. A former action had also been brought by the plaintiff against the defendant, the complaint in which was defective for the reason above mentioned, but the defendant had answered it,…
1Opinion of the CourtPiNney, J.
1. It has long been settled, as declared by De Gbey, C. J., in the Duchess- of Kingston?s Case, that “ the judgment of a court of concurrent jurisdiction directly upon the point is, as a plea, a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court.” 2 Smith, Lead. Cas. pt. 2, p. 735. Identity of the subject matter is indispensable in order that the decision in the first action shall be effective as an estop-*121pel in the second. But a considerable difference has been expressed upon the extent of the estoppel, some cases holding that…
2Cases cited18 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Porter v. SabinSupreme Court of the United States · 1893
- Wiggins Ferry Co. v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1892
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
- Chapman v. . ForbesNew York Court of Appeals · 1890
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3Cited by9 opinions
- Wyman v. HerardSupreme Court of Oklahoma · 1899
- Hemenway v. BeecherWisconsin Supreme Court · 1909
- State Ex Rel. Schatz v. McCaughtryWisconsin Supreme Court · 2003
- Dodge v. Carri-Craft, Inc., Div. of Wis. Tanktainer, Inc.District Court, E.D. Wisconsin · 1971
- A C Storage Co. v. Madison Moving & Wrecking Corp.Wisconsin Supreme Court · 1968
4 more not listed; retrieve them via the Exa API.